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Karnataka Court June 2014 Judgments

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Jun 03 2014

State of Karnataka by Hebbagodi Police Vs. R H Keshava

Court: Karnataka

Decided on: Jun-03-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE3D DAY OF JUNE, 2014 PRESENT THE HONBLE MR. JUSTICE MOHAN M SHANTANAGOUDAR THE HONBLE MR. JUSTICE C R KUMARASWAMY AND CRIMINAL APPEAL No.358 OF2009BETWEEN: STATE OF KARNATAKA BY HEBBAGODI POLICE APPELLANT (BY SRI .B.T.VENKATESH, SPP II) AND:1. R.H.KESHAVA S/O HANUMANTHAPPA AGED ABOUT25YEARS R/O RAMASAGARA VILLAGE ANEKAL TALUK2 HANUMANTHAPPA S/O RAMAIAH AGED ABOUT55YEARS R/O RAMASAGARA VILLAGE ANEKAL TALUK3 GOVINDAPPA S/O B.RAMAIAH2AGED ABOUT55YEARS R/O RAMASAGARA VILLAGE ANEKAL TALUK (BY SRI .S.K.VENKATA REDDY, ADVOCATE) RESPONDENTS ******* THIS CRIMINAL APPEAL IS FILED UNDER SECTION3781) & (3) CR.P.C. BY THE STATE P.P.FOR THE STATE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY LEARNED PRL.JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN S.C.NO.255/2004 THEREBY ACQUITTING THE RESPONDENTS-ACCUSED OF THE OFFENCES P/U/S302R/W SEC.34 OF IPC. DATED:20.01....


Jun 03 2014

Sri J N Urooj Vs. P J Jagannatha Rao

Court: Karnataka

Decided on: Jun-03-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 3rd day of June, 2014 THE HON'BLE MR JUSTICE HULUVADI G RAMESH Before Between Civil Revision Petition 13 / 2014 Sri J M Urooj, 60 yrs S/o late Yousuff Shariff R/a # 136/A (Shop) D Devaraja Urs Road Mysore (By Sri Manmohan P N, Adv.) And 1 2 3 P Jagannatha Rao S/o late P Jaya Rao Hotel Chalukya Rajkamal Talkies Road Devaraj Mohalla, Mysore Commissioner Mysore Urban Development Authority Jhansi Lakshmibai Road, Mysore P S Mahesh S/o P J Sheshagiri Rao R/a # 983, 6th Main, 7th Cross I Stage, Vijayanagar, Mysore (By Sri T P Vivekananda, Adv. For R2) Petitioner Respondents 2 Revision Petition is filed under under S.115, CPC praying to set aside the order dated 7.10.2013 on IA8in OS1812004 by the II Addl. Prl. Civil Judge, Mysore, etc. Petition coming on for Admission this day, the Court made the following: ORDER Revision is by the 3rd defendant in OS1812004 pending before the Prl. Civil Judge (Jr.Dvn.), Mysore on the order passed...


Jun 02 2014

J. Manjula Vs. the State of Karnataka

Court: Karnataka

Decided on: Jun-02-2014

(Prayer: This Criminal Petition Is Filed Under Section 438 Of Cr.P.C. Praying To Enlarge The Petitioner On Bail In The Event Of Her Arrest In Crime No.89/14 Of Nazarbad P.S., Mysore City For The Offences P/U/S 406 And 420 Of Ipc.) 1. This is the petition filed by the petitioner - accused No.1 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - police to release the petitioner on bail in the event of arrest of the petitioner for the offence punishable under Sections 406, 420 r/w 34 of IPC registered by the respondent - police in Crime No.89/2014. 2. Heard the arguments of the learned counsel appearing for the petitioner - accused No.1 and also learned High Court Government Pleader for the respondent - State. 3. Learned counsel for the petitioner during the course of his argument submitted that the auditor has conducted the audit for the period from 05.10.2010 to 31.05.2012. He made the submission that even earlier to the appointment of the present petitione...


Jun 02 2014

M/S. Supreme Overseas Export India (P) Ltd. Vs. State Bank of Travanco ...

Court: Karnataka

Decided on: Jun-02-2014

(Prayer: This MFA is filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 praying to set aside the impugned Order dated 21.08.2013, passed by the XXVIII Additional City Civil Judge, Mayo Hall, Bangalore (CCH-29) on I.A. No. I filed under Order XXXIX Rule 1 and 2 of CPC in O.S. No.26084/2012 and to grant an Order of Temporary injunction restraining the First Defendant from releasing any amounts under the Letter of Credits.) 1. The order dated 21st August 2013 on the application filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No.26084/2012 is assailed in this Miscellaneous First Appeal. By the impugned order, the Court below has rejected the application filed by the plaintiff/appellant herein for injunction restraining the 1st defendant/1st respondent herein from making any payments under the Letters of Credit bearing Nos.7030012I0000003, 7030012IM0000004, 7030012- IM0000040 and 7030012IM0000041 issued on 2.1.2012, 2.1.2012, 22.3.2012 and 27.3.2012 in favour of th...


Jun 02 2014

M/S. Supreme Overseas Export India (P) Ltd. Vs. State Bank of Travanco ...

Court: Karnataka

Decided on: Jun-02-2014

(Prayer: This MFA is filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 praying to set aside the impugned Order dated 21.08.2013, passed by the XXVIII Additional City Civil Judge, Mayo Hall, Bangalore (CCH-29) on I.A. No. I filed under Order XXXIX Rule 1 and 2 of CPC in O.S. No.26084/2012 and to grant an Order of Temporary injunction restraining the First Defendant from releasing any amounts under the Letter of Credits.) 1. The order dated 21st August 2013 on the application filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No.26084/2012 is assailed in this Miscellaneous First Appeal. By the impugned order, the Court below has rejected the application filed by the plaintiff/appellant herein for injunction restraining the 1st defendant/1st respondent herein from making any payments under the Letters of Credit bearing Nos.7030012I0000003, 7030012IM0000004, 7030012- IM0000040 and 7030012IM0000041 issued on 2.1.2012, 2.1.2012, 22.3.2012 and 27.3.2012 in favour of th...


Jun 02 2014

Sripad Vs. Ramadas M. Shet

Court: Karnataka Dharwad

Decided on: Jun-02-2014

(Prayer: This Criminal Appeal Is Filed Under Section 378(4) Of Code Of Criminal Procedure, Praying To Set Aside The Order Dated 11.06.2009 Passed By The J.M.F.C., Honnavar In C.C. No. 77/2006 And Respondent May Be Convicted For The Offence Punishable Under Section 138 Of The Negotiable Instruments Act By Allowing This Appeal With Cost Through Out.) 1. The present appeal is preferred against the Judgment passed by the Principal J.M.F.C., Honnavar in C.C. No. 77/2006 dated 11.06.2009 in acquitting the accused for the offence punishable under Section 138 of Negotiable Instruments Act. 2. Being aggrieved by the said Judgment and Order passed by the Trial Court, the complainant approached this Court seeking indulgence of this Court to reverse the judgment of acquittal and to convict the accused for the offence under Section 38 of Negotiable Instruments Act. 3. The respondent appeared before this Court through his Counsel. I have heard the learned Counsel for the appellant and as well as the...


Jun 02 2014

Patil @ Veerendra Patil and Others Vs. The State Of Karnataka

Court: Karnataka

Decided on: Jun-02-2014

(Prayer: This Criminal Petition Is Filed Under Section 438 Of Cr.P.C. Praying To Enlarge The Petitioners On Bail In The Event Of Their Arrest In Crime No.51/ 14 Of Channagiri P.S., Davanagere, For The Offences P/U/S 143, 1.47. 148, 504, 323, 324, 307 And 506 R/2 Sec. 149 Of Ipc,) 1. This is the petition filed by the petitioners/ accused Nos. 2, 4 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offences punishable under Sections 506, 504, 143, 147, 148, 149, 307, 323 and 324 of IPC registered by the respondent police station in Crime No.51/2014. 2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.2, 4 and 5 and heard the learned High Court Government Pleader for the respondent-State. 3. Learned counsel for the petitioners during the course of his argument submitted that there is a case and counter case. In this ca...


Jun 02 2014

Ravi @ Jaggu Vs. The State Of Karnataka

Court: Karnataka

Decided on: Jun-02-2014

(Prayer: This Criminal Petition Filed U/S.438 Cr.P.C Praying To Enlarge The Petitioner On Bail In The Event Of His Arrest In Crime No.25/2014 Of Channarayapattana Police Station, Hassan District, For The Offence Punishable Under Section 420, 120(B), 212 R/W 34 Of Ipc.) 1. This is the petition filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner-accused No.1 on bail in the event of his arrest for the alleged offences punishable under Sections 420, 120-B, 212 r/w Section 34 of IPC, registered in Crime No.25/2014. 2. Heard the learned Counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent/State. 3. Learned Counsel appearing for the petitioner during the course of his arguments submitted that, looking to the allegation in the complaint that the petitioner by giving promise to the complainant had sexual intercourse with her, thereby he has cheated...


Jun 02 2014

Arun and Others Vs. The State of Karnataka and Others

Court: Karnataka Dharwad

Decided on: Jun-02-2014

(Prayer: This Rsa Is Filed U/S.100 Cpc Against The Judgment And Decree Dated 30.08.2011 Passed In R.A.No.73/2008 On The File Of The Prl. District Judge, Belgaum, Dismissing The Appeal, Filed Against The Judgment Dated 03.12.2007 And The Decree Passed In O.S.No.221/2006 On The File Of The Addl. Civil Judge (Srdn.), Gokak, Dismissing The Suit Filed For Declaration Of Title By Adverse Possession And For Permanent And Mandatory Injunctions.) 1. Perused the judgments of the trial Court passed in O.S.No.221/2006 and affirmed by the First Appellate Court in R.A.No.73/2008. 2. Appellants were plaintiffs before the trial Court i.e., the Court of Addl. Civil Judge (Sr.Dn.), Gokak, in O.S.No.221/2006. They had filed a suit for the relief of declaration of title by way of adverse possession and for permanent and mandatory injunction. Suit filed against the respondents herein came to be dismissed by a considered judgment dated 03.12.2007. Against the said judgment and decree passed in O.S.No.221/20...


Jun 02 2014

Sachin Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Jun-02-2014

(Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, praying to call for the records in S.C. No.132/2009 and set aside the judgment of conviction and order of sentence dated 28.11.2011 passed by the VI Addl. Sessions Judge, Belgaum, in S.C. No.132/2009 for the offence P/U/S.498 (A), 306 and 304 (B) of IPC and u/s 3, 4 and 6 of Dowry Prohibition Act. 1. The appellant is assailing the legality of the judgment and order dated 28.11.2011 passed by the V Addl. Sessions Judge, Belgaum (I/C VI Addl. Sessions Judge, Belgaum) in SC No.132/2009. By the said judgment, the appellant who was arraigned as the first accused is convicted for commission of the offences punishable under Sections 498A, 306, 304-B read with Section 34 Indian Penal Code ('IPC' for short) and under Sections 3, 4 and 6 of Dowry Prohibition Act ('D.P. Act for short). 2. The sentence imposed for the offence under the different provisions is as follows: (i) Section 304-B of I.P.C. - Lif...


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